Letter Opinion 1968

Cover Letter Opinion 1968
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This procedure applied only to arrests aris- ing out of misdemeanor violation of county ordinances. Upon signing a written promise to appear, the arresting officer was required to release the arrestee from custody.
The present legislation encompasses all misdemeanor offenses [P.C. 836.6; 836.6(h)], and vests the arresting officer with discretion to determine whether the arrestee shall be taken into custody or issued a citation to appear in court or before "an officer authorized by such court" t
...o receive a deposit of bail. If the arrested person signs a written promise to appear, the arresting officer must "forthwith release the arrested person from custody." [P.C. 836. 6(e)].
Letter Opinion No. 68-54 Honorable Jack Morrison 2 June 27, 1968 To secure greater uniformity in the misdemeanor cita- tion procedure, the Judicial Council vjas authorized to approve the form of notice to appear which, when filed with the court, may serve as a complaint. On June 17, 196£, the Administrative Office of the Courts issued Uniform Misdemeanor Citation and Uniform Misdemeanor and Traffic Citation forms approved by the Judicial Council.


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